The Convention resumed the consideration of the reports submitted by the committee of the judicial department.

Section under consideration being the twelfth.

Mr. Hames offered the following substitute for the section:

The chief justice and associate justices of the Supreme Court, and chancellors, shall be elected by the members of the General Assembly by joint ballot, and judges of the probate and circuit courts shall be elected by the qualified electors of the circuits and counties for which such courts may be established and at such times as may be prescribed by law.

On motion of Mr. Flournoy, the substitute was laid on the table.

Mr. Lewis moved to amend by inserting the words “sheriffs” between the words “courts” and “and;” which was lost.

Mr. Burns moved to amend by adding after the word “courts” the words “county solicitors.”

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On motion of Mr. Oates, the amendment was laid on the table.

Mr. Powell of Bullock moved to amend by inserting after “court” the words “shall be nominated by the Governor, and confirmed by the Senate and the.”

On motion of Mr. Manasco, the amendment was laid on the table.

Mr. Knox moved to amend by inserting after “probate courts” the words “a solicitor for each circuit.”

On motion of Mr. Murphree, the amendment was laid on the table.

Mr. Burton moved to amend by adding after “probate courts” the words “Attorney General;” which was lost.

The twelfth section was then adopted.

The thirteenth section was read as follows:

SEC. 13. The judges of such inferior courts of law and equity as may be by law established, shall be elected or appointed in such mode as the General Assembly may prescribe.

Mr. Knox moved to amend by adding after the word “elected,” the words “by the qualified electors of the county for which courts may be established,” and by striking out all after elected.

On motion of Mr. Foster of Barbour, the amendment was laid on the table.

Mr. Burns moved to strike out “or appointed.”

On motion of Mr. Oates, the amendment was laid on the table.

The thirteenth section was then adopted.

The fourteenth section was read as follows:

SEC. 14. The judges of the Supreme Court, circuit courts, and chancellors, and the judges of city courts, shall be citizens of the United States, and of this State, for five years next preceding their election or appointment, not less than thirty years of age, and shall be learned in the law.

Mr. McClellan moved to amend by striking out “thirty” and inserting “twenty-five;” which was lost.

The section was then adopted.

The fifteenth section was read as follows:

SEC. 15. The judges of the several courts of this State shall hold office for the term of six years, and until their successors are elected or appointed and qualified; and the right of any judge to hold his office for the full term hereby prescribed, shall not be affected by any change hereafter made by law, in any circuit or district, or in the mode or time of election.

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Mr. Aiken moved to amend by striking out the words “judges of the several courts of this State,” and inserting the words “judges of the supreme court, judges of the circuit court, and chancellors.”

Mr. Foster of Barbour moved to amend the amendment by adding the words “and judges of the probate courts.”

Mr. Little moved to lay the amendment to the amendment on the table; which motion was carried.

Mr. O’Neal moved to lay Mr. Aiken’s amendment on the table; which motion was lost.

Mr. Heflin moved to amend the amendment by substituting the words “chief justice and associate justices of the supreme court;” the amendment was accepted, and the amendment, as amended, was then adopted.

Mr. Rice moved to amend by adding the following: “Provided, however, that nothing contained in this section, or in this constitution, shall be construed to destroy the existing right of any probate judge now in office.”

The amendment was adopted.

Mr. Powell of Bullock moved to amend by adding the following: “And no law shall extend the term of any of those officers, or increase or diminish their salaries, or emoluments, after their election or appointment.”

On motion of Mr. Oates, the amendment was laid on the table.

The section, as amended, was then adopted.

The sixteenth and seventeenth sections were then adopted as follows:

SEC. 16. The judges of the Supreme Court shall, by virtue of their offices, be conservatives of the peace throughout the State; the judges of the circuit courts within their respective circuits, and the judges of the inferior courts, within their respective jurisdictions, shall, in like manner, be conservatives of the peace.

SEC. 17. Vacancies in the office of any of the judges or chancellors of this State shall be filled by appointment by the Governor, and such appointee shall hold his office for the unexpired term, and until his successor is elected or appointed and qualified.

The eighteenth section was read as follows:

SEC. 18. If, in any case, civil or criminal, pending in any circuit, chancery or city court in this State, the presiding judge or chancellor shall, for any legal cause, be incompetent to try, hear or render judgment in such cause, the parties or their attorneys of record, if it be a civil case, or the solicitor or other prosecuting officer, and the defendant or defendants,

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if it be a criminal case, may agree upon some disinterested person present in court, and learned in the law, to act as special judge or chancellor, to sit as a court, and to hear, decide and render judgment in the same manner and to the same effect as a judge of the circuit or city court or chancellor might do in such case. If the case be a civil one and the parties or their attorneys of record do not agree, or if the case be a criminal one and the prosecuting officer and the defendant or defendants do not agree upon a special judge or chancellor, or if either party in a civil cause is not represented in court, the clerk of the circuit or city court, or register in chancery, shall appoint the special judge or chancellor, who shall preside, try and render judgments as in this section provided.

Mr. Powell of Tuscaloosa moved to amend by striking out all after the word “case,” and all of the fourth line, and all after the word “agree” in the 8th, down to and including the word defendant.

On motion of Mr. Richards, the amendment was laid upon the table.

Mr. Samford moved to amend by striking out all after the word “cause,” and inserting the following: “The General Assembly shall be authorized, by appropriate legislation, to provide for the trial of such causes.

Mr. Hargrove offered the following amendment to the amendment: After the word "cause," insert the following: “The General Assembly shall provide for the selection of a practicing attorney at law to try such case,” and strike out the rest of the section.

On motion of Mr. Jones, the amendments were both laid upon the table.

Mr. Rice offered the following amendment: Amend by striking out all after the word “courts,” where it first occurs, and insert the following: “It shall be the duty of the presiding judge or chancellor, although incompetent to try such case, on the application of either party to such suit, whether civil or criminal, either in term time or vacation, to make an order upon the minutes of the court, transferring such suit for trial to the nearest court of like character, presided over by a different judge or chancellor, anything in this constitution to the contrary notwithstanding; and the court to which such suit is transferred, shall hear and determine the same as if it had originated in that court, and the original papers, together with a certified transcript, of all entries in the case, shall be transferred by the clerk, or register, in which the case

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began, in accordance with such order for the transfer of the case.

On motion of Mr. Oates, the amendment was laid on the table.

Mr. Bliss moved to amend by striking out the word “criminal” and inserting the word “misdemeanor,” which was adopted.

Mr. Cobb moved to strike out all after the word “cause” in the third line, and insert the following: “the General Assembly shall have authority to provide by law for the appointment of a special judge or chancellor to try the same.”

Mr. Hargrove moved to amend the amendment by striking out the words “the General Assembly” and inserting the words “It shall be the duty of the General Assembly.”

On motion of Mr. Coleman, both amendments were laid on the table.

Mr. McClellan offered the following substitute:

The General Assembly shall provide by law for the trial, in the counties in which they arise, of all causes in the circuit, city and chancery courts, where the judge and chancellors thereof are incompetent to sit, and may devolve such duty on any attorney learned in the law, to be selected by consent of the parties interested or otherwise.

On motion of Mr. Flournoy, the amendment was laid on the table.

Mr. Herndon moved to amend by striking out the words “present in court,” which was lost.

Mr. Samford moved to amend by inserting after the word “chancellor” in the eleventh line, the words “of the court in which said cause is pending,” which was adopted.

Mr. Mudd moved to amend by inserting in the seventh line between the words “chancellors” and “might,” the words “sitting as a court,” which was adopted.

Mr. Aiken moved to amend by inserting after “chancellor” in the twelfth line, the words “who shall be an attorney at law of good standing in his profession, over thirty years of age, and who shall have resided in this State five years next before his appointment, and”.

Mr. Inzer moved the previous question, which call being sustained, amendments were cut off, and the 18th section, as amended, was adopted.

The notice given by Mr. Oates that he would move to reconsider the vote, by which section ten was adopted, came up.

The motion to reconsider was carried.

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Mr. Oates moved to amend by striking out the words “continuance in office” and inserting the words “official terms.”

Mr. Rice moved to lay the amendment on the table, which motion was lost.

The amendment was then adopted, and the 10th section, as amended, was adopted.

Sections 19, 20, 21 and 22, were adopted as follows:

SEC. 19. The General Assembly shall have power to provide for the holding of circuit and chancery courts in this State when the judges or chancellors thereof are absent at a regular term.

SEC. 20. No judge of any court of record in this State shall practice law in any of the courts of this State or of the United States.

SEC. 21. Registers in chancery shall be appointed by the chancellors of the divisions, and shall hold office during the term of the chancellor making such appointment, and such registers shall receive as compensation for their services only such fees and commissions as may be specifically prescribed by law.

SEC. 22. A clerk of the Supreme Court shall be appointed by the judges thereof, and shall hold office during the term of the judges making the appointment, and clerks of such inferior courts as may be established by law shall be appointed by the judges thereof, and shall hold office during the term of the judge making such appointment.

The twenty-third section was read, as follows:

SEC. 23. Clerks of the circuit court shall be elected by the qualified electors in each county for the term of six years. Vacancies in such office shall be filled by the Governor for the unexpired term.

Mr. Murphree moved to amend by striking out “six” and inserting “four.”

On motion of Mr. Oates, the amendment was laid on the table.

Mr. Davis moved to amend by inserting after the word “court,” the words “and of the city court,” which was laid on the table.

Mr. Rice moved to amend by striking out the words “the Governor” and inserting “judges of the circuits in which such vacancy occurs,” which was lost.

The twenty-third section was then adopted.

The twenty-fourth section was then read, as follows:

SEC. 24. Registers in chancery and clerks of the several courts of this State may be removed from office by the chan-

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cellors and judges of such courts respectively, for cause, to be entered at length upon the records of the court.

Mr: Burns moved to amend by adding, “Provided, such register or clerk shall have the right of appeal to the supreme court.”

On motion of Mr. Heflin, the amendment was laid on the table.

Mr. Herndon offered the following substitute:

SEC. 24. The clerk of the Supreme Court and registers in chancery may be removed from office by the judges of the Supreme Court and chancellors respectively, for cause, to be entered at length upon the records of the court.

The substitute was adopted.

The twenty-fifth section was read, as follows:

SEC. 25. It shall be the duty of the General Assembly, at its first session after the ratification of this constitution, to elect by joint ballot a solicitor for each judicial circuit of this State, whose term of office shall be three years; Provided, however, that the term of office shall not begin until November, 1876; and provided further, that the solicitor elected for the circuit in which the capitol of the State is situated shall be the attorney general, of the State.

Mr. Cobb moved to amend by striking out the last proviso, which amendment was lost.

Mr. Flournoy offered the following substitute:

A solicitor for each county in this State shall be elected by the qualified voters thereof on the first Monday in August, 1876, who shall hold his office, for the term of two years, and until his successor is elected and qualified.

On motion of Mr. Foster of Barbour, the substitute was laid on the table.

Mr. Parks moved to amend by striking out all after “years” in the third line, down to the word “and” in the next line, and substitute therefore the words “and to begin at such time as may be prescribed by law.”

On motion of Mr. Inzer, the amendment was laid on the table.

Mr. Pickett moved to amend by striking out “six” and inserting “three,” which amendment was lost.

On motion of Mr. Oates, the twenty-fifth section was re-committed.

On motion of Mr. Pickett, the convention adjourned until 4 o’clock, p. m.

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EVENING SESSION.

The Convention reassembled at the designated hour, and resumed the consideration of the report of the committee on the judicial department.

Mr. Oates moved to reconsider the vote by which section twenty-five was recommitted, which motion was carried.

Mr. Oates offered the following substitute:

Sec. 25. It shall be the duty of the General Assembly, at the first session thereof after the ratification of this constitution, to elect by joint ballot an attorney, who shall, after his election, reside at the capital during his official term, and who shall be ex-officio solicitor of the judicial circuit embracing the capital, and a solicitor for each of the other judicial circuits, who shall reside in the circuits for which they are chosen at the time of their election, and during their continuance in office, and whose terms of office shall be as follows: The term of office of those first elected shall begin on the first Monday in November, 1876, and continue for four years, and their successors shall ever thereafter be, in like manner, elected, for the term of six years.

Mr. McClellan moved to amend by making the attorney general elected by the people.

Mr. Samford moved to lay the substitute and amendment on the table. The vote being first taken on laying the amendment on the table, the motion was lost. Yeas 22, nays 54.

On motion of Mr. Pickett, the substitute and section were recommitted to the committee.

The twenty-sixth section was read, as follows:

Sec. 26. A competent number of justices of the peace and

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constables shall be elected in and for each county by the qualified electors thereof, who shall hold office during such terms as may be prescribed by law. Said justices shall have jurisdiction in all civil cases wherein the amount in controversy does not exceed $100. In all cases tried before such justices, the right of appeal shall be secured by law; Provided, That notaries public, appointed according to law, shall be authorized and required to exercise throughout their respective counties all the powers and jurisdiction of justices of the peace.

Mr. Lea of Dallas, moved to amend by striking out all after and including the word “provided,” which amendment was lost.

Mr. Herndon moved to strike out the words “throughout their respective counties,” which was adopted.

Mr. Herndon moved to amend by adding “but this proviso shall not apply to notaries public appointed in cities and towns containing more than five thousand inhabitants,” which was adopted.

Mr. Heflin moved to amend by inserting after the words “one hundred dollars” the words “except actions for slander, assault and battery, and ejectment,” which amendment was adopted,

Mr. Richards moved to amend by inserting after the words “qualified electors thereof” the words “at such times as may be prescribed by the General Assembly.”

Mr. Little moved to amend the amendment by inserting after “qualified electors” the words “in their respective precincts,” which was accepted, and the amendment, as amended, adopted.

Mr. Bliss moved to strike out “$100” and insert “$200,” which was lost.

Mr. Oates offered a substitute for the section, which was lost.

Mr. Flournoy moved to amend by inserting after “jurisdiction” the words “whether by contract or otherwise,” which was lost.

Mr. Burns moved to amend by inserting after “appeal” the words “without prepayment of costs,” which was adopted.

Mr. Garrett moved to recommit the section and amendments, which motion was carried.

The twenty-seventh section was read, as follows:

Sec. 27. The attorney general shall reside at the seat of government and shall be the law officer of the State. During the sessions of the General Assembly he shall furnish to the committees of either house, when required, drafts of bills and

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written opinions upon any matter under consideration of the committees, and shall perform such other duties as may be required of him by law.

Mr. Powell of Tuscaloosa, moved to lay the section on the table, which motion was lost.

Mr. Oates moved to recommit the section, which was carried.

Sections 28, 29 and 30 were read, as follows:

Sec. 28. For willful neglect of duty, habitual drunkenness, incompetency, corruption in office, or any offense involving moral turpitude, the Governor shall remove any chancellor or judge (except probate judges) from office, on the address of a majority of all the members elected to each house of the General Assembly; Provided, That the cause or causes for which such removal may be required shall be stated at length in such address, and entered on the journals of each house; And provided further, That the judge intended to be removed shall be notified of such cause or causes, and shall be admitted to a hearing in his own defense and by counsel, before any vote for such address shall be taken; and in all such cases the vote shall be taken by yeas and nays and entered on the journal of each house respectively.

Sec. 29. Probate judges, sheriffs, tax collectors, tax assessors, clerks of the circuit courts, county treasurers, justices of the peace, constables, mayors and intendents of incorporated cities and towns, may be removed from office for willful neglect of duty, habitual drunkenness, incompetency in office, or any offense involving moral turpitude, by the circuit court of the county in which such officers hold their offices, in such manner as may be prescribed by law; Provided, The right of trial by jury and appeal shall be secured.

Sec. 30. Any judge, chancellor, or other officer removed from office under sections 28 and 29 of article___, of this constitution, shall be ineligible to any office under the authority of this State, and shall be liable to indictment, trial and judgment according to law.

On motion of Mr. Cobb, the 28th, 29th and 30th sections were stricken out, as recommended by the minority of the committee. The 31st section was adopted, as follows:

SEC. 31. The style of all processes shall be “The State of Alabama, and all prosecutions shall be carried on in the name and by the authority of the same, and shall conclude, “Against the peace and dignity of the State.”

On motion of Mr. Cobb, the Convention proceeded to the consideration of the article on corporations.

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ARTICLE___,CORPORATIONS.

PRIVATE CORPORATIONS.

SECTION l. Corporations may be formed under general laws, but shall not be created by special act, except for municipal purposes, and in cases where, in the judgment of the legislature, the objects of the corporation can not be attained under general laws. All general laws and special acts passed pursuant to this section, may be altered, amended or repealed.

SEC. 2. All existing charters, or grants of special or exclusive privileges, under which a bona fide organization shall not have taken place and business been commenced in good faith, at the time of the adoption of this constitution, shall thereafter have no validity.

SEC. 3. The General Assembly shall not remit the forfeiture of the charter of any corporation now existing, or, alter or amend the same, or pass any other general or special law for the benefit of such corporation, except upon the condition that such corporation shall thereafter hold its charter subject to the provisions of this constitution.

SEC. 4. No foreign corporation shall do any business in this State without having one or more known places of business and an authorized agent or agents in the same, upon whom process may be served.

SEC. 5. No corporation shall engage in any business other than that expressly authorized in its charter, nor shall it take or hold any real estate, except such as may be necessary and proper for its legitimate business.

SEC. 6. No corporation shall issue stock or bonds, except for money, labor done, or money or property actually received; and all fictitious increase of stock or indebtedness shall be void. The stock and bonded indebtedness of corporations shall not be increased, except in pursuance of general laws, nor without the consent of the persons holding the larger amount in value of stock, first obtained at a meeting to be held after thirty days notice given in pursuance of law.

SEC. 7. Municipal and other corporations and individuals, invested with the privilege of taking private property for public use, shall make just compensation for the property taken, injured, or destroyed by the construction or enlargement of its works, highways or improvements, which compensation shall be paid or secured before such taking, injury or destruction. The General Assembly is hereby prohibited from depriving any person from an appeal from any preliminary

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assessment of damages against any such corporations or individuals made by viewers or otherwise; and the amount of such damages in all cases of appeal shall, on the demand of either party, be determined by a jury according to the course of the common law.

SEC. 8. Dues from private corporations shall be secured by such means as may be prescribed by law, but in no case shall any stockholder be individually liable otherwise than for the unpaid stock owned by him or her.

SEC. 9. No corporation shall issue preferred stock without the consent of the owners of two-thirds of the stock of said corporation.

SEC. 10. The General Assembly shall have the power to alter, revoke or amend any charter of incorporation now existing, and revocable at the adoption of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the State, in such manner, however, that no injustice shall be done to the corporators. No law hereafter enacted shall create, renew or extend the charter of more than one corporation.

SEC. 11. Any association or corporation organized for the purpose, or any individual, shall have the right to construct and maintain lines of telegraph within this State, and connect the same with other lines, and the General Assembly shall, by general law of uniform operation, provide reasonable regulations to give full effect to this section. No telegraph company shall consolidate with, or hold a controlling interest in the stock or bonds of any other telegraph company owning a competing line, or acquire, by purchase, or otherwise, any other competing line of telegraph.

SEC. 12. The term corporation, as used in this article, shall be construed to include all joint stock companies, or any associations having any of the powers or privileges of corporations, not possessed by individuals or partnerships.

BANKS AND BANKING.

SEC. 13. The General Assembly shall not have the power to establish or incorporate any bank, or banking company, or moneyed institution for the purpose of issuing bills of credit, or bills payable to order or bearer, except under the conditions prescribed in this constitution.

SEC. 14. No bank shall be established otherwise than under a general banking law, as provided in the thirteenth section of this article, nor otherwise than upon a specie basis.

SEC. 15. All bills, or notes issued as money, shall be, at all times, redeemable in gold or silver, and no law shall be

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passed sanctioning, directly or indirectly, the suspension, by any bank or banking company, of specie payment.

SEC. 16. Holders of bank notes, and depositors, who have not stipulated for interest, shall, for such deposits, be entitled, in case of insolvency, to the preference of payment over all other creditors.

SEC. 17. Every bank or banking company shall be required to cease all banking operations within twenty years from the time of its organization, and promptly thereafter close its business; but shall have corporate capacity to sue, and shall be liable to suit, until its affairs and liabilities are fully closed.

SEC. 18. No bank shall receive, directly or indirectly, a greater rate of interest than shall be allowed by law to individuals for lending money.

SEC. 19. The State shall not be a stockholder in any bank, nor shall the credit of the State ever be given, or lent, to any banking company, association, or corporation.

SEC. 20. All corporations shall have the right to sue, and shall be subject to be sued, in all courts, in like cases as natural persons.

RAILROADS AND CANALS.

SEC. 21. All railroads and canals shall be public highways, and all railroad and canal companies shall be common carriers. Any association or corporation organized for the purpose shall have the right to construct and operate a railroad between any points in this State, and to connect, at the State line, with railroads of other States, Every railroad company shall have the right with its road to intersect, connect with, or cross any other railroad, and shall receive and transport, each, the other’s freight, passengers, and cars, loaded or empty, without delay or discrimination.

SEC. 22. It shall not be lawful in this State for any railway company to charge for freight or passengers a greater amount for the transportation of the same for a less distance than the amount charged for any greater distance, but excursion and commutation tickets may be issued at special rates.

SEC. 23. No incorporated company, doing the business of a common carrier; shall, directly or indirectly, prosecute or engage in mining or manufacturing articles for transportation over its works; nor shall such company, directly or indirectly, engage in any other business than that of common carriers, or hold or acquire lands, freehold or leasehold, directly or indirectly, except such as shall be necessary for carrying on its business; but any mining or manufacturing company may carry the products of its mines and manufactories on its railroad or canal, not exceeding fifty miles in length.

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SEC. 24. No president, director, officer, agent, or employee of any railroad or canal company shall be interested, directly or indirectly, in the furnishing of material or supplies to such company, or in the business of transportation as a common carrier of freight or passengers over the works owned, leased, controlled, or worked by such company.

SEC. 25. No discrimination in charges or facilities for transportation shall be made between transportation companies and individuals, or in favor of either, by abatement, drawback, or otherwise; and no railroad or canal company, or any lessee, manager, or employee thereof, shall make any preference in furnishing cars or motive power.

SEC. 26. The General Assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freights and passenger tariffs on the different railroads in this State.

SEC. 27. No railroad, railway, or other transportation company, shall grant free passes, or sell the same at a discount to any member of the General Assembly, or to any person holding office under this State or the United States.

SEC. 28. No street passenger railway shall be constructed within the limits of any city or town, without the consent of its local authorities.

SEC. 29. No railroad, canal, or other transportation company, in existence at the time of the adoption of this article, shall have the benefit of any future legislation by general or special laws, except on condition of complete acceptance of all the provisions of this article.

SEC. 30. The General Assembly shall enforce by appropriate legislation the provisions of this article.

Mr. Langdon moved to amend the first section by inserting between “municipal” and “purposes” the words “mining, manufacturing and immigration.”

Mr. Rice moved to amend the amendment by adding the words “industrial and educational”; which was accepted, and the amendment, as amended, was adopted.

The first section, as amended, was adopted.

The second section was adopted.

Mr. Rice moved to amend the third section by inserting after “corporations” the words “provided that nothing contained in this section, or this constitution, shall be construed to destroy or impair the power of the General Assembly to legislate as to educational, industrial, mining, manufacturing corporations or associations.”

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On motion of Mr. Martin, the amendment was laid on the table.

The third section was adopted.

Mr. McClellan moved to amend the fourth section by striking out “the same,” and inserting “each county in which it does business.”

The amendment was adopted.

Mr. Powell of Bullock moved to amend by inserting after the word “foreign” the words “or domestic.”

On motion of Mr. Foster of Barbour, the amendment was laid on the table.

Section four, as amended, was then adopted.

Mr. McClellan moved to amend the fifth section by inserting after the word “expressly” the words or by “implication”; which was lost.

Mr. Rice moved to strike out all after the word “charter”; which was lost.

Mr. Rather moved to reconsider the vote just taken; which motion was carried.

The amendment offered by Mr. Rice was then adopted.

The fifth section, as amended, was then adopted.

The sixth section was adopted.

On motion of Mr. O’Neal, the Convention adjourned until 9 o’clock to-morrow.